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PA: Exclusionary rule does not apply to dentist disciplinary proceedings

By John Wesley Hall, Jr.

Exclusionary rule does not apply to dentist board disciplinary proceedings. The dentist's office was subjected to a search warrant for patient files. The exclusionary rule does not apply in non-criminal contexts. Kerr v. Pa. State Bd. of Dentistry, 2008 Pa. LEXIS 2048 (November 19, 2008). Defendant was illegally detained and the officer had his ID and asked for consent. Since the stop was unlawful, the consent was invalid. State v. Strader, 2008 Ore. App. LEXIS 1712 (November 19, 2008): Accordingly, the burden shifted to the state to establish that defendant's consent was "independent of, or only tenuously related to" the unlawful stop. Hall, 339 Or at 35. As in Highley, the request for consent to search defendant occurred in close temporal proximity to the prior illegality...continue to full post

Full post as published by Fourth Amendment on November 24, 2008 (boomark / email).